The Research On Some Legal Issues Of Bilateral FTA Under WTO

As the fast development of the global economy, it has become a marked character for the coexistence of Free Trade Agreements (FTAs) and multilateral trade system. In recent years, the number of FTAs increases quickly and FTAs cover more and more contents. In the world, signing bilateral FTAs seems to be an "economic fashion". In order to prevent the practice of bilateral FTAs going beyond the specific WTO rules, WTO takes bilateral FTAs into the framework of the multilateral trading system to regulate, supervise and coordinate.Thus this paper will regard "the relations between bilateral FTAs and WTO multilateral trading system" as the research object, attempt to clarify the connotation, the development and the basement of the bilateral FTAs, and analyze the conflicts on trading remedy measures and regional investment rules. In addition, on basis of introducing China’s bilateral FTAs, this paper will put forward China’s future response measures.In this paper, there are four parts except preface and concluding remarks.The first part:"an overview of bilateral FTA". Firstly, this section will discuss the connotation, the politic and economic motives of bilateral FTAs and the development of the status quo, and point out the new features. Secondly, it will introduce the rules and regulations of WTO multilateral trading system regulating FTAs, including Article24of GATT1994and its Understanding, the Article5of GATS, Enabling Clause in1979. Finally, it will point out the consistency, compatibility and contradictory between two on discussing the relations between bilateral FTAs and WTO multilateral trading system.The second part:"bilateral FTA trading remedy measures under WTO regulations". Firstly, this part will analyze the anti-dumping and countervailing provisions in China-New Zealand FTA and discuss whether trading remedy measures can be applied to carry out. Secondly, it will discuss the implementation of the principle of reciprocity on the basis of combination of three well-known cases. Finally, it will conclude the experience and give suggestions on signing bilateral FTAs.The third part:"bilateral FTA regional investment rules under WTO regulations". Firstly, it will analyze regional investment provisions in China-New Zealand FTA and China-Pakistan FTA. Secondly, it will discuss some legal issues, such as the mode of investment agreements, the grasp of freedom value orientation and the grasp of depth.The fourth part:"China’s participation in the practice of bilateral FTAs and strategic choice". Firstly, it will introduce the development of China’s bilateral FTA strategy. Secondly, it will analyze the insufficiencies in domestic market, coordination system, practical experience, strengths and preparations to reduce non-tariff barriers. Finally, it will discuss China’s strategic choice, such as establishing FTA’s basic principles, developing overall planning for bilateral FTAs, developing and refining relevant laws. This will improve the international competitiveness of our country to strive for economic integration initiative.In short, as the world’s first developing country, China should adjust the domestic and foreign trade strategy quickly, not relax the multilateral trade cooperation. Meanwhile, we should improve the market economy and accelerate the development and implementation of the overall planning for bilateral FTAs, to promote common development between China and other countries.